CAIR-CAN, CMCLA ask Supreme Court to uphold both rights and security
Friday, June 16, 2006 6:47 pm

Alhamdolillah (praise be to God), CAIR-CAN and the Canadian Muslim Civil Liberties Association (CMCLA) submitted oral arguments to the Supreme Court earlier this week in the appeals of the security certificate process. They were the only Canadian Muslim organizations permitted to appear before the Court in the cases of Hassan Almrei, Adil Charkaoui and Mohamed Harkat.

Both organizations submitted to the Court that while every effort must be made to protect Canada, the security certificate process violates the Charter of Rights and Freedoms.

“We have encouraged the Court to remember that we can protect our country without sacrificing the fundamental rights and liberties we all cherish. We believe that this is the best way to secure the welfare of Canadians while upholding the principles that make our nation great,” said Faisal Kutty, General Counsel for the CMCLA and a CAIR-CAN board member.

CAIR-CAN and the CMCLA were represented by Toronto lawyers Faisal Bhabha and David Baker during their presentation before the Supreme Court on Tuesday, June 13, 2006. Both organizations submitted to the Court that the security certificate process has resulted in a chill over the Muslim and Arab communities in Canada. They encouraged the Court to take into account the values of equality and anti-discrimination when reviewing the practice, and submitted that crimes such as terrorism should be dealt with through the criminal process and not immigration or anti-terror legislation.

To read the CAIR-CAN and CMCLA factum submitted to the Court, please
see: http://www.caircan.ca/downloads/SCC_factum.pdf

“The events of the past month have been a wake-up call to all Canadians about the danger our country faces,” says Karl Nickner, CAIR-CAN’s Executive Director. “But real security means safeguarding both our country and our values. We must protect both.”

The security certificate process has been criticized for the denial of due process, indefinite detentions, secret hearings, the use of secret evidence and deportation to countries where torture is likely. Security certificates are only used against non-citizens.

Click here to read the factum.

Click here to read the affidavits.

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